Ross Ex Rel. Ross v. Souter

OPINION

SPIESS, Chief Judge.

Plaintiff, Howard Ross, individually and as next friend of his minor son, Levi Ross, brought this action against Frank Souter, his wife and minor son, Michael Souter, to recover damages claimed to have been sustained by plaintiff and his son as a result of a fight which occurred between Levi Ross and Michael Souter. The first amended complaint alleges:

“That the minor Defendant, Michael Souter, has in the past shown and exhibited propensities for causing injury and damage such as that incurred by the Plaintiff’s minor son; that the Defendants, Frank L. Souter and…